The trial for Morgan Hill teen Sierra LaMar’s suspected killer is scheduled to start in a San Jose courtroom May 23, but prosecutors expect the proceeding to be delayed.
Defense for Antolin Garcia Torres, 24 of Morgan Hill, may not be available because they are scheduled to be in trial on other unrelated cases, Santa Clara County Deputy District Attorney David Boyd said. If the defense attorneys are present and able to proceed, Boyd said he is prepared to move forward with the capital murder trial.
Garcia Torres has been in custody since sheriff’s deputies arrested him May 2012 on suspicion of abducting and murdering Sierra, 15, who was a Sobrato High School sophomore at the time of her disappearance. She was last seen March 16, 2012, when police say she disappeared while walking to her school bus stop in north Morgan Hill.
If convicted of the murder charge, Garcia Torres faces the death penalty.
Earlier this month, Garcia Torres was granted his request for a closed hearing, in which he told the judge he wanted new attorneys. He is currently represented by Al Lopez and Brian Matthews from the Santa Clara County Alternate Defender’s Office, according to court documents.
However, Garcia Torres withdrew his request “without prejudice,” according to a May 13 order. It does not give a reason why he changed his mind.
The hearing was closed to the public, prosecutors and all parties except the defendant and his attorneys, but other media outlets reported that Garcia Torres was upset with the slow pace of the court proceedings and wanted an attorney who could go to trial sooner.
Despite hundreds of search parties since her disappearance, Sierra’s remains have not been found.
In the days following her disappearance, police found some of her clothing and her backpack located off the side of the roadway near the neighborhood where she lived. The DA’s case hinges largely on DNA evidence—found on Sierra’s belongings and in the suspect’s vehicle—linking Garcia Torres to Sierra, according to authorities.
The May 23 hearing will take place at the Santa Clara County Hall of Justice in San Jose.
